Attorney General Merrick Garland this week submitted a notice of proposed rulemaking to the Federal Register, calling for marijuana to shift from Schedule I to Schedule III under the Controlled Substances Act.

The move by the Justice Department makes official a proposal that could have tax implications for marijuana-based businesses, as well as potential changes in school bus driver drug testing procedures.

“The rescheduling of a controlled substance follows a formal rulemaking procedure that requires notice to the public, and an opportunity for comment and an administrative hearing,” according to a statement issued by the DOJ. “This proposal starts the process, where the Drug Enforcement Administration will gather and consider information and views submitted by the public, in order to make a determination about the appropriate schedule.”

Until the process is complete, marijuana remains a Schedule I controlled substance. Even if the reclassification occurs, marijuana would be limited to prescriptions by doctors.

Too many lives have been upended because of our failed approach to marijuana.

So today, the @TheJusticeDept is taking the next step to reclassify marijuana from a Schedule I to a Schedule III drug under federal law.

Here's what that means: pic.twitter.com/TMztSyyFYm

— President Biden (@POTUS) May 16, 2024

“It’s an important move toward reversing long-standing inequities,” said President Joe Biden in a video posted on X (formerly Twitter). “Today’s announcement builds on the work we’ve already done to pardon a record number of federal offenses for simple possession of marijuana. And it adds to the action we’ve taken to lift barriers to housing, employment, small business loans, and so much more for tens of thousands of Americans.”